The Supreme Court annuls the case of violation against the former officer of the Indian Army; Notes the plaintiff filed another 8 cases of violation

The Supreme Court recently annulled all criminal procedures in a case of violation against a Former Indian Army officer, Rakesh WaliaAfter finding that the complaint is incredible.

The court determined that the complaint was nothing more than an “abuse of the law process”, because apart from his statements, there was no registered evidence. In addition, the Court determined that the same plaintiff had filed another eight identical FIRs against different individuals in different police stations in Delhi, but refused to cooperate after the police began the investigation.

“In addition to his statement in the FIR and his statement under section 164 of the Code of Criminal Procedure, 1973 (according to the new act, under section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023), there is no other registered evidence. The same defendant has presented almost identical cases at least against eight other individuals (nine cases in total). These FIR, housed in different police stations in Delhi, involve crimes under sections 34, 328, 354, 354d, 376, 377, 506 and 509 of CPI. In addition, they have informed us that after accommodating the FIR, the plaintiff has not cooperated with the investigation and has not appeared before this court despite receiving notification. “

The plaintiff claimed that when he met the appellant with respect to a modeling task, he offered a cold drink, which was shot, and when she fell unconscious, she raped her. Refuting the accusations, the appellant said that he had met her regarding the services he offered to promote his books. He said he was the author of five books, some of which are claimed to be the best selling.

A bank of Judges Sudhanshu Dhulia and K. Vinod Chandran He noted that this was a tight case in which the Superior Court of Delhi should have exercised its powers under section 482 of the Code of Criminal Procedure (Section 528 of the Bharatiya Nagarik Suraksha Sanhita) to annul the procedures.

Since the Superior Court had dismissed the request presented by Walia to annul the procedure, the Supreme Court set aside the order and annulled all the procedures.

“Taking into account the nature of the case and the cumulative circumstances, we are of the opinion that the criminal case initiated against the appellant is nothing more than an abuse of the law process. This is precisely the nature of the case where the Superior Court should have exercised its inherent powers by virtue The new act, under section 528 BNSS) and should have exercised its Powers of the Proceedings. ” “

For the appellant (s): Mr. Ashwani Kumar Dubey, Aor Mr. Adwait Ghosh, ADV. Mr. Chandra Shekhar, adv.

For the defendant (s): Mr. Brijer Chahar, ASG, MR. Mikesh Kumar Maroria, Aor Mr. Raman Yadav, Adv. Mr. Advitya Awashi, ADV. Mr. Santosh Kumar, Adv. Mr. Nari Singh, Adv. Mr. Sarthak Karol, Adv. Mr. Amit Sharma V, Adv.

Case details: Rakesh Walia v. Delhi & Anr state | SLP (crl.) No.14850 of 2024)

APPOINTMENT: 2025 LIVELAW (SC) 282

Click here to read the order

Also read – ‘Difficult to believe that highly qualified women allowed the man to exploit her sexually for 16 years in promise of marriage’: the Supreme Court annuls the violation case